{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Bird v Jones - him his right to go where he pleased b...

Info icon This preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
CASE: Bird v. Jones Court: Queen’s Bench 7 A. & E. 742, 115 Eng. Rep. 668 (1845) P100 (torts) COLERIDGE Facts a. Plaintiff/Bird Defendant/Jones b. Part of public highway was enclosed. Plaintiff was opposed by defendant, after brief struggle, plaintiff climbed over fence. He was met by two policeofficers who told him that he couldn’t ho that way. Plaitiff stood there unharmed for awhile until he finally went the way allowed. c. (1) C/A: false imprisonment (2) relief requested: N/A (3) defenses raised: Procedural History: a. Lower court’s ruling(s): in favor of plaintiff b. Damages awarded: ? c. Appellant: Defendant Issues: a. substantive issue (i) Was this an intense of false imprisonment? (ii) plaintiff declares that the obstruction of the public streets falsely imprisoned him for denying
Image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: him his right to go where he pleased. b. procedural issue: did the lower court rule correctly. Disposition (judgment): Reversed. Holding: There was no false imprisonment because the Plaintiff had a way out. Rule of Law or Legal Principle Applied: “There must be restraint within some limits defined by a will or power exterior to our own.” Reasoning: Because the Plaintiff had the freedom to get out of where he was there was no false imprisonment. Concurring/Dissenting Opinions: Dissenting LORD DENMAN: he believed that the plaintiff’s wish to exercise his right of way was obstructed by the company holding the event and thus was imprisoned. Additional Comments/Personal Impressions:...
View Full Document

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern